Robert M. Hammers | December 11, 2024 | Personal Injury
Understanding the basic types of torts is essential when navigating the complex world of personal injury law. A tort is a civil wrong or injury caused to someone, which may result in liability. In this article, we will break down the three main types of torts: intentional torts, negligence, and strict liability.
Intentional Torts
Intentional torts occur when a person intentionally acts in a way that causes harm to another person. The individual committing the act must have done it deliberately, not accidentally. Some common examples of intentional torts include:
- Assault and Battery: Assault occurs when someone creates a reasonable fear of imminent harmful or threatening contact. Battery is the unlawful use of force against someone, resulting in harmful or offensive contact.
- False Imprisonment: This occurs when someone intentionally restrains another person’s freedom of movement without legal justification or the person’s consent.
- Defamation: This involves damaging someone’s reputation by making false statements. If the statements are spoken, they are slander; if they are written, they are libel.
- Trespassing: This involves entering someone’s property without permission. It can apply to both land and personal property.
Intentional torts can lead to both civil and criminal cases. For instance, assault can result in both a criminal charge and a civil lawsuit for damages.
Negligence
Negligence is the most common type of tort in personal injury cases. It occurs when someone fails to act with the care that a reasonable person would in the same situation, leading to unintentional harm to another person. For a negligence claim to succeed, the plaintiff must prove four elements:
- Duty: The defendant owed a legal duty of care to the plaintiff. For example, drivers must operate their vehicles safely.
- Breach: The defendant breached that duty by acting or failing to act a certain way. For instance, if a driver runs a red light, they’ve breached their duty of care.
- Causation: The defendant’s action or inaction directly caused the injury.
- Damages: The plaintiff suffered actual harm or injury. This could include physical injuries, property damage, and other losses.
An example of negligence might be a car accident caused by a driver texting while behind the wheel. By failing to pay attention, the driver breached their duty of care, resulting in a collision that injured someone else.
Strict Liability
Strict liability holds a party responsible for damages regardless of their intent, care, or fault. Instead, under strict liability, a party can be held responsible for damages without proof of negligence or direct fault. This type of tort often applies in cases involving:
- Product Liability: Manufacturers can be held strictly liable when they release a defective product that causes injury.
- Dangerous Activities: These involve inherently hazardous activities, such as using explosives or keeping wild animals. If someone is hurt, the party responsible for engaging in the activity may be liable, regardless of precautions taken.
- Animal Owners: This applies to owners of dangerous animals. For example, if a person owns a dog that has bitten people before and bites someone again, the owner may be held strictly liable.
Strict liability is based on the nature of the activity rather than the defendant’s fault. It exists to make those who engage in certain activities financially responsible for any harm, even if they exercise utmost care.
Contact the Atlanta Personal Injury Lawyers at Hammers Car Accident & Personal Injury Lawyers Today
For more information, contact the Atlanta personal injury law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
Open 24/7
(678) 605-9838
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
Open 24/7
(678) 916-8584
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
Open 24/7
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
Open 24/7
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
Open 24/7
(678) 582-8466